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WITH AMENDMENTS, ADDITIONS AND
ANNOTATIONS TO JULY 1, 1917 a
Issued under the direction of
THE INDUSTRIAL COMMISSION
JOHN MITCHELL, Chairman
JAMES M. LYNCH
HENRY D. SAYER
PREPARED BY THE BUREAU OF STATISTICS AND INFORMATION
The Workmen's Compensation Law had been in effect three years on the first of July, 1917, administered by the Workmen's Compensation Commission during its first eleven months, and, thenceforward, by the State Industrial Commission.
In addition to the reënacting act, L. 1914, ch. 41, effective March 16, 1914, seven later acts have amended the Workmen's Compensation Law; namely, L. 1914, ch. 316, effective April 14, 1914; L. 1915, ch. 167, effective April 1, 1915, ch. 168, effective April 1, 1915, ch. 615, effective May 12, 1915, and ch. 674, effective May 22, 1915; L. 1916, ch. 622, effective May 20, 1916; and L. 1917, ch. 705, effective June 1, 1917. The numbered notes appended herein to sections and subdivisions show the exact wording and the origin of every amendment.
Notes following the numbered notes give cross-references and references to court decisions and attorney-general's opinions. The Monthly Bulletin of the State Industrial Commission, the first number of which appeared in October, 1915, presents compensation rulings, court decisions, comments of administrative officers and current compensation items. The State Department Reports, issued semi-monthly by the Miscellaneous Reporter's office since October 1, 1914, give the full texts of many of the State Industrial Commission's compensation rulings and also the Attorney-General's compensation opinions. References to these two sources appear herein under the abbreviations, Bul. and S.D.R. The texts of the Appellate Division decisions are to be found in the Appellate Division Reports, beginning with Volume 165, and the texts of the Court of Appeals decisions in the New York Reports. beginning with Volunie 215. The Miscellaneous Reports of New York, beginning with Volume“ 90, give some cases involving compensation. The Reports of the Attorney-General, beginning with 1914, contain occasional compensation opinions. Special Bulletin, No. 81, issued by the State Industrial Commission, is a collection of the full texts of all courts and AttorneyGeneral's opinions down to August 1, 1916, and of several important court opinions of later date.
An index and an alphabetical finding list of employments covered by the law appear at the end of this pamphlet.
g transior DEC 16 1919
ARTICLE I OF THE CONSTITUTION g 19. Nothing contained in this constitution shall be construed to limit the power of the legislature to enact laws for the protection of the lives, health, or safety of employees; or for the payment, either by employers, or by employers and employees or otherwise, either directly or through a state or other system of insurance or otherwise, of compensation for injuries to employees or for death of employees resulting from such injuries without regard to fault as a cause thereof, except where the injury is occasioned by the willful intention of the injured employee to bring about the injury or death of himself or of another, or where the injury results solely from the intoxication of the injured employee while on duty; or for the adjustment, determination and settlement, with or without trial by jury, of issues which may arise under such legislation; or to provide that the right of such compensation, and the remedy therefor shall be exclusive of all other rights and remedies for injuries to employees or for death resulting from such injuries; or to provide that the amount of such compensation for death shall not exceed a fixed or determinable sum; provided that all moneys paid by an employer to his employees or their legal representatives, by reason of the enactment of any of the laws herein authorized, shall be held to be a proper charge in the cost of operating the business of the employer.
This section, adopted November 4, 1913, and effective, January 1, 1914, over rides section eighteen of article one of the Constitution relative to the right of action 'to recover damages for injuries resulting in death : Shanahan v. Monarch Engineering Co., 219 N. Y. 469.
CHAPTER 816 OF THE LAWS OF 1913, AS AMENDED AND RE-ENACTED BY CHAPTER
41 OF THE LAWS OF 1914, CONSTITUTING CHAPTER 67 OF THE CONSOLIDATED
LAWS, AS AMENDED. [This New York Workmen's Compensation Law has been declared constitutional by the Supreme Court of the United States: New York Central R. R. Co. v. White, 243 U. 8. 188. Its constitutionality had previously been upheld by the Court of Appeals of New York in Jensen v. Southern Pacific Co., 215 N. Y. 514, and Walker v. Clyde Steamship Co., 215 N. Y. 529, which cases, however, the Supreme Court of the United States has reversed on the ground that the New York workmen's compensation act conflicts with the general maritime law of the United States: Southern Pacific Co. V. Jensen, 244 U. S. —, and Clyde Steamship Co. v. Walker, 244 U. S.
An older, voluntary plan of workmen's compensation is embodied in Labor Law, 88 204212, still upon the statute books. The Workmen's Compensation Law should be construed broadly and liberally: Matter of Petrie, 215 N. Y. 335; Costello v. Taylor, 217 N. Y. 179; Winfield v. N. Y. C. & H. R. R. R. Co., 168 App. Div. 351; 216 N. Y. 284; Moore v. Lehigh Valley R. R. Co., 169 App. Div. 177; 217 N. Y. 27; Rheinwald v. Builders' Brick & Supply Co., 168 App. Div. 425 : McQueeney v. Sutphen & Myer, 167 App. Div. 528.] Article 1. Short title, application, definitions (88 1-3).
2. Compensation (88 10–34).
SHORT TITLE; APPLICATION; DEFINITIONA
Section 1. Short title. This chapter shall be known as the “workmen's compensation law."
§ 2. Application.— Compensation provided for in this chapter shall be pay. able for injuries sustained or death incurred by employees engaged in the following hazardous employments :*
Group 1. The operation, including construction and repair, of railways operated by steam, electric or other motive power, street railways, and
* Compare the notes to the several subdivisions under $ 3. For rearrangement of the groups of $ 2 by the Commission compare § 95 and foot-note thereunder. In determining whether or not the employment in a given claim case comes within a group the courts reject far-fetched meanings and apply the rule of ejusdem generis: Wilson v. Dorflinger & Sons, 218 N. Y. 84 ; Aylesworth x. Phoenix Cheese Co., 170 App. Div. 34; DeLaGardelle v. Hampton Co., 167 App. Div. 617; Tomassi v. Christensen, 171 App. Div. 284 ; Grasell v. Brodhead, 175 App. Div. 874.